The Reservoirs (Enforcement etc.) (Scotland) Order 2016
PART 1
1
Citation and commencement
2
Interpretation
PART 2
3
Stop notices
4
Further enforcement measures
5
Recovery of expenses
6
Monetary penalties and undertakings
PART 3
7
Enforcement notices: reviews and appeals
8
Appeals: further provision
PART 4
9
Notices: supplementary provision
10
Guidance about the use of powers
11
Recovery of payments
12
Payment of penalties
SCHEDULE 1
STOP NOTICES
1
Stop notices
2
Information to be included
3
Appeals
4
Completion certificates
5
Compensation
6
Offence and penalties
7
Defence
SCHEDULE 2
FURTHER ENFORCEMENT MEASURES
1
Power to impose further enforcement measures
2
Notice of intent
3
Representations and objections
4
Undertakings
5
Decision to impose a further enforcement measure
6
Final notice
7
Appeals
8
Criminal proceedings and conviction
9
Non-compliance penalties
10
Appeals against non-compliance penalties
11
Payment requirements for non-compliance penalties
SCHEDULE 3
EXPENSES RECOVERY NOTICES
1
Expenses recovery notices
2
Appeals against expenses recovery notices
3
Payment requirements for expenses recovery notices
SCHEDULE 4
MONETARY PENALTIES AND UNDERTAKINGS
Amendment of the 2015 Order
SCHEDULE 5
ENFORCEMENT NOTICES: REVIEWS AND APPEALS
1
Reviews of decisions to give notice under section 69(2) of the Act
2
Appeals against decisions to give notice under section 69(2) of the Act
SCHEDULE 6
APPEALS: FURTHER PROVISION
1
Notice of appeal
2
Representations by SEPA
3
Representations by the appellant
4
Appointment of reporter
5
Appointment of advisor
6
Determination of appeal without further representation or information
7
Further representations or information
8
Hearings
9
Determination of appeal
2016 No. 161

Enforcement

Environmental Protection

Flood Risk Management

Water Supply

The Reservoirs (Enforcement etc.) (Scotland) Order 2016
Made
21st March 2016
Coming into force
1st April 2016
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 69(7) and (8), 73 to 76, 82 to 85, 87, 88 and 114(2)(b) of the Reservoirs (Scotland) Act 2011 and sections 20 to 32, 53 and 58(1) and (2) of the Regulatory Reform (Scotland) Act 2014 and all other powers enabling them to do so.
In accordance with sections 73(2), 82(2) and 86 of the Reservoirs (Scotland) Act 2011, they have consulted the persons and organisations mentioned in section 86(2) of that Act.
In accordance with section 114(4) of the Reservoirs (Scotland) Act 2011 and section 58(3) of the Regulatory Reform (Scotland) Act 2014, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament .
2011 asp 9, amended by the Regulatory Reform (Scotland) Act 2014 (asp 3), schedule 3, paragraph 13.
2014 asp 3.
The powers to make this Order are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). This Order is subject to the affirmative procedure by virtue of section 33(3) of that Act.